Judge blocks part of Arizona immigration law

A Border Patrol agent inspects a vehicle passing through a checkpoint in Amado, Ariz., about 30 miles from the border with Mexico on Tuesday, July 27, 2010. Arizona's new immigration law SB1070 takes effect Thursday, July 29.JAE C. HONG

What the Arizona law says: The statute says when it’s reasonable or practical, a law enforcement official is required to investigate a person's legal status if there is a "reasonable suspicion" that the person is in the country illegally. The law specifically says law enforcement "may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or Arizona Constitution." Read more about the law here.

A federal judge in Arizona has issued a ruling barring the toughest provision of Arizona's new immigration law from taking effect – the one that lets police ask people to prove they are legally entitled to be in the United States.

The controversial law is scheduled to take effect on Thursday. Seven lawsuits have been filed against it and U.S. District Court Judge Susan Bolton's partial injunction is just the first step on what is likely to be a legal journey that ends at the U.S. Supreme Court.

"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton wrote in a 36-page decision. She in effect agreed with the Justice Department's argument that immigration is a federal responsibility.

Bolton struck down the most hotly contested parts of this toughest state immigration law in the land. Besides staying the provision on law enforcement questioning someone's legal status, Bolton didn't let stand several other provisions including the requirement that immigrants carry proof of status documents with them, that it's a crime for an illegal immigrant to apply for or do work and the one that would allow a search, without a warrant, of someone believes to have committed a crime that would make them deportable.

But Bolton will let several other sections of the law take effect as planned on Thursday, particularly those that the Justice Department did not make specific arguments about. These include allowing Arizona resident to sue local officials for enacting laws that would restrict immigration enforcement, making it a crime to stop a vehicle to pick up day laborers if that impedes traffic, stiffening the already existing Arizona law on employing illegal immigrants and strengthening the law on human smuggling.

This ruling will stay the law from taking effect while the lawsuits go through the courts. Lawyers are likely to ask Bolton to reconsider her decisioin and if she doesn't go through the appeals process.

Rep. Gary Miller said he was surprised by the court’s action. “You have a situation where Arizona is having to deal with crime, illegal immigration, the loss of jobs, the impact on the judicial system and the judge says you can’t do anything about it and the federal government won’t do anything about it,’’ said Miller, R-Diamond Bar.

The law has engendered a fierce debate nationwide over immigration reform.

Local anti-illegal immigration activists said they were sickened by the ruling. Immigration advocates say they won't rest until the entire law is struck down.

"In essence a traitor judge just gutted it," Coe, of Huntington Beach said. "It’ll be months and maybe go into years to try to get this thing settled. It’s just like we’re surrounded with people who are speaking to victimize citizens and destroy our country. The criminals get more rights than law-abiding citizens."

Related Links

A Border Patrol agent inspects a vehicle passing through a checkpoint in Amado, Ariz., about 30 miles from the border with Mexico on Tuesday, July 27, 2010. Arizona's new immigration law SB1070 takes effect Thursday, July 29. JAE C. HONG
This undated photo taken from video and provided by KSAZ-TV FOX 10, shows U.S. District Judge Susan Bolton on the bench in Phoenix, Ariz. Bolton, a former state court judge appointed to the federal bench in 2000 by President Bill Clinton, will decide whether to block Arizona's sweeping new immigration law, which requires police, while enforcing other laws, to question a person's immigration status if officers have a reasonable suspicion that the person is in the country illegally. ASSOCIATED PRESS
A Border Patrol agent inspects a vehicle passing through a checkpoint in Amado, Ariz., about 30 miles from the border with Mexico on Tuesday, July 27, 2010. Arizona's new immigration law SB1070 takes effect Thursday, July 29. JAE C. HONG,ASSOCIATED PRESS
Jerry Harris, left, of Scottsdale, Ariz., a supporter of SB1070, argues with Elizabeth Venable, of Phoenix, who is against the SB1070 Arizona immigration law, in front of U.S. District Court Thursday, July 22, 2010, in Phoenix. U.S. District Judge Susan Bolton is holding multiple hearings on whether the new Arizona immigration law should take effect on July 29. (AP Photo/Ross D. Franklin)
Arizona Gov. Jan Brewer, right, speaks after a hearing she attended, as John Bouma, left, the attorney for the state of Arizona in the lawsuit brought by the federal government regarding the SB1070 Arizona immigration law, stands behind the governor in front of U.S. District Court Thursday, July 22, 2010, in Phoenix. U.S. District Judge Susan Bolton is holding multiple hearings on whether the new Arizona immigration law should take effect on July 29. ROSS D. FRANKLIN, ASSOCIATED PRESS
A protester is arrested by Phoenix Police Department officers after refusing to move while blocking an intersection, one of several protesters to be arrested, while they joined hundreds who gather to protest the SB1070 Arizona immigration law in front of U.S. District Court Thursday, July 22, 2010, in Phoenix. U.S. District Judge Susan Bolton is holding multiple hearings on whether the new Arizona immigration law should take effect on July 29 ROSS D. FRANKLIN, ASSOCIATED PRESS
Tents and beds stand ready to house up to 110 inmates Tuesday, July 27, 2010 at the Maricopa County Sheriff's Office jail in Phoenix. The tents, part of the Sheriff's Office Tent City jail, were set up to house illegal immigrants arrested under Arizona's new immigration law SB1070 that takes effect Thursday, July 29. The tents are separated from the inmates of the existing tent city. (AP Photo/Matt York)

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